33015 Procedure - Work Life Balance -...

33015 PROCEDURE – WORK LIFE BALANCE

Version: 1.3

ECHR Potential Equality Impact Assessment: High

This framework has been updated to reflect the processes which have been approved within the role of the manager project. Further review of this procedure will be completed as part of the HR policy review project.

1. About This Procedure

1.1. This procedure derives from Human Resources (HR) Policy 33000 and sets out the process by which Hampshire Constabulary manages:

1.1.1. Flexible Working 1.1.2. Flexitime (police staff only) 1.1.3. Home Working 1.1.4. Parental Leave

1.2. This procedure has been written in accordance with the Equality Act

2010 as well as relevant Police Regulations, UK Employment Legislation, Home Office and ACAS Guidance.

2. Risk Assessments / Health and Safety Considerations

2.1. Employment practice and procedure is mainly derived from Employment Law. Failure to follow published procedures, and the processes contained therein, may lead to the Hampshire Constabulary having to account for its actions at an Employment Tribunal. The risk here is not only financial but one of reputation, loss of confidence in the process and staff morale.

2.2. Flexible Working and Flexitime

2.2.1. The provisions of the Working Time Regulations (refer to procedure 21338) must be adhered to, specifically the number of hours worked in an average week and the 11 hour minimum rest period between shifts.

2.2.2. A risk assessment must be carried out for officers and staff whose new working pattern means they will be working alone. Details are outlined in the Lone Working Guidance intranet page.

2.3. Home working

2.3.1. Hampshire Constabulary is obliged under health and safety

legislation to ensure the health and safety of homeworkers in the same way as office-based officers and staff. Managers


must carry out a risk assessment of the work activities and take appropriate measures to reduce any associated risks. The constabulary is only responsible for the equipment it has supplied for use at home. The force Health & Safety Advisor can advise if required.

2.3.2. Officers and staff must ensure that their work place at home is safe, secure and complies with all health and safety requirements. For all types of homeworking, other than occasional, the homeworker should apply the principles of the Display Screen Risk Assessment NCALT e-learning package, ensuring that the environment is as close to the guidance as possible. This should normally be carried out within 14 days of an approved request. Homeworking must not proceed until this is completed and any difficulties remedied.

2.3.3. Normal arrangements apply to risk assessments for new and expectant mothers.

2.3.4. If the homeworking arrangement is set up as a rehabilitation measure for an officer or staff member returning from sick absence, or as a preventative measure due to the officer’s or staff member’s health, the arrangement must be approved by Occupational Health if this is likely to continue beyond 28 days.

2.3.5. Normal arrangements for accident reporting apply to

homeworkers.

3. Procedure

3.1. Flexible Working

3.1.1. Flexible working practices, when possible, offer benefits both for the individual and the constabulary and enable officers and staff to achieve a healthy work-life balance whilst meeting operational requirements of the constabulary.

3.1.2. All eligible officers and staff have the right to request flexible

working. Hampshire Constabulary is required to deal with flexible working applications in a reasonable manner.

3.1.3. It must be recognised that Hampshire Constabulary provides a

24 hour a day, 7 days a week emergency service to the community. The right to apply for flexible working does not imply the right to have the request agreed. Each applicant must consider and demonstrate the impact on the operational demands of their shift, station or department. The Resource Management team (RMT), in conjunction with the line


manager, will fully consider and try to accommodate such requests, but operational demands will take precedence.

3.1.4. Flexible working requests will be considered individually, fairly

and objectively and will be assessed and determined on a case by case basis. Agreeing to one request will not set a precedent or create the right for another applicant to be granted a similar change to a working pattern.

3.2. General principles

3.2.1. Line managers must contact HR Workforce Planning to check district/ department establishment and financial restraints before considering an increase in hours.

3.2.2. Existing flexible working arrangements do not automatically

transfer from one role to another. If officers or staff are promoted or transfer to a new role, they may need to submit a new flexible working request to their new manager. This should not be seen as a bar to transfer of role, promotion or a specialist role.

3.2.3. Working patterns must be reviewed, at least annually, as part

of the PDR process. This review is not intended to amend an existing flexible working arrangement, but to check it is still meeting both parties’ needs. For example, are the original reasons for making the request still relevant.

3.2.4. Officers and staff must make themselves aware of the impact

that any change to hours might have on their conditions of service, including annual leave and bank holiday entitlement and pension entitlements.

3.2.5. Officers and staff working part-time are entitled by law not to

be treated less favourably than their full-time colleagues.

3.2.6. Flexible working arrangements are not usually subject to change, however, there may be circumstances where the requirements of the role may change, which would require discussion and a re-negotiation of the flexible working pattern to accommodate these changes. Reasonable notice, of up to 3 months, must be given for any agreed change to a working pattern to enable the officer or staff member time to make alternative arrangements. The revised working pattern should be submitted to RMT on form AD123a.


3.2.7. In the case of a specific change management programme, a

bespoke process may be put in place to review flexible working arrangements. Any such process must be in accordance with legal requirement.

3.2.8. All reference to ‘days’ in this procedure refers to calendar days.

3.3. Police Staff

3.3.1 Any request that is approved, other than those agreed on a temporary basis, will result in a permanent change to a

member of staff’s terms and conditions.

3.4. Officers

3.4.1. Once a request has been agreed, other than those agreed on a temporary basis, it should remain in place for a minimum of 12 months, unless there has been a material change to personal circumstances.

3.4.2. In accordance with Police Regulations a part time officer has

the right to return to full time hours within a maximum 4 month period. However, the officer may have to change post or location in order to do so.

3.5. Eligibility

3.5.1. To be eligible to make a request under this procedure officers and staff must:

a. Have 26 weeks continuous service

b. Have not made another application to work flexibly

during the last 12 months unless there has been a material change at home or in the workplace.

3.5.2. Police staff must have successfully completed 6 months

probationary period, even if this is only part of the whole probationary period. If required, classroom based training beyond this point will have to be completed on a full time basis.

3.5.3. Student officers with at least 26 weeks continuous service are

eligible to apply for flexible working to commence at the point in the Initial Training Programme that 'Independent' status is


attained, providing all parts of the training to this date have been successfully completed. Classroom based training beyond this point will have to be completed on a full time basis. All attachments should be completed on a full time basis; however, it may be possible to accommodate flexible working arrangements, but these would need to be negotiated locally.

3.5.4. It is a requirement of Police Regulations that where an officer

reduces to part-time hours during their probation that the probationary period will be extended. This will be assessed in each case and the officer informed.

3.6. Application Procedure

3.6.1. To ensure that a strategic approach to resourcing is applied and flexible working application decisions are consistent all decisions will be made by RMT in conjunction with the line manager.

3.6.2. All requests, including any appeal, must be considered and

decided on within a period of 3 months from first receipt. The timescales that must be followed are detailed in this procedure and may only be changed by mutual agreement and in writing. Any failure to adhere to timescales, or agree changes to timescales, may result in the applicant lodging a grievance, or making a claim to an employment tribunal.

3.6.3. The individual must submit their flexible working application on

form AD123a. The individual must also complete a CASPER or PEG to support the change to working pattern request.

3.6.4. Where two individuals wish to make a joint request for flexible working, each individual must submit a separate form AD123a to their respective line manager. These applications will be reviewed separately by the respective line managers and if agreed in principle the individual must send the request to RMT for a final decision. Such applications should be submitted together and considered by RMT as a collective application. Managers and RMT should be sensitive to the privacy of relationships within the workplace.

3.7. Officers and staff

3.7.1. Applications for flexible working must be made using, and in accordance with, form AD123a and be accompanied with


completed CASPER or PEG detailing the proposed working pattern.

3.7.2. Applications must be submitted at least three months, but no

more than six months, before the proposed start date.

3.7.3. The individual must discuss their change in working pattern request with their line manager prior to submitting the form AD23a to RMT. If the line manager agrees the request in principle the individual must submit their application to RMT for a final decision.

3.7.4 Individuals wishing to withdraw their application to work flexibly should do so in writing as soon as possible.

3.8. Line Managers

3.8.1. Line managers must give proper consideration to any request to work flexibly prior to the individual submitting their request to RMT and provide feedback to the individual on the suitability.

3.8.2. Line managers must contact HR Workforce Planning (WFP) to

check district/ department establishment and financial restraints and obtain confirmation from WFP before considering an increase in hours. WFP will provide feedback if an application is not agreed and may provide suggestions for alternative options to the line manager, for example a different role.

3.9. Resource Management team

3.9.1. The Resource Management team (RMT) is the decision maker for all flexible working applications, in conjunction with the line manager. RMT will review the flexible working application and supporting CASPER or PEG when making the decision.

3.9.2. RMT will contact HR Operations for advice where there are

applications relating to welfare/ reasonable adjustments or pass the request to HR Operations if it is a flexible retirement request.

3.9.3. If the application is agreed RMT will inform the individual and

their line manager within 28 calendar days of the original application and upload the paperwork to the individuals file.


3.9.4. If the application is not agreed the line manager will arrange to

meet with the individual within 28 calendar days of the original application. RMT will attend where possible or be available for a telephone conference call to provide the rationale as to the reason for the application not being agreed. This meeting will also provide an opportunity to consider alternative working patterns.

3.9.5. The individual has the right to be accompanied at the meeting

by a work colleague, or a Unison, Federation or staff association representative. The role of this person is to support the applicant; they may address the meeting and confer with the applicant but are not allowed to answer questions on their behalf. If the colleague or representative is unable to attend the meeting, it should be rearranged to take place within 7 days. Colleagues may have duty time, subject to operational demand, to attend.

3.9.6. The line manager and RMT may consider a trial period of the

proposed new working pattern for between 3 and 6 months which is subject to review at the end of the specified period.

3.9.7. Where the original application is not agreed the individual may

revise their application and supporting CASPER/ PEG and resubmit to RMT. If the alternative working pattern is agreed this will be notified to the individual within 14 calendar days of the meeting by completing section 3 of the AD123a. A copy of the paperwork must be uploaded to the individuals file by RMT.

3.9.8. If the alternative working pattern is not agreed, RMT must

complete section 4 of the AD123a and send this to the individual within 14 calendar days providing the rationale as to the reason for the application not being agreed. This will also confirm the right of appeal and appeal process. A copy of the paperwork must be uploaded to the individuals file by RMT.

3.9.9. RMT will update CARM with the new working pattern/ hours.

Any changes to working patterns that impact on contractual hours or for Police Staff only shift allowances or unsocial hours payments, will be calculated by RMT and input into SAP. RMT will adjust annual leave entitlements as applicable and update CARM.

3.9.10. The RMT must adhere to the timescales and administrative

processes set out in this procedure.


3.9.11. The application will be treated as withdrawn if the individual

has missed 2 meetings to discuss the application (without good reason). If the application is withdrawn the individual must be informed. Individuals cannot make another application for 12 months unless a material change occurs.

3.9.12. The RMT will also provide advice to individuals and line

managers regarding Working Time Regulations, Police Regulations, Police Staff conditions of service team/department/district staffing resources and demand profile.

3.9.13. Advice can also be obtained from HR Operations.

3.10. Appeal Process

3.10.1. In the event of an unsuccessful application, the individual is entitled to appeal by setting out and submitting the grounds of appeal on form AD123b within 14 calendar days of the refusal.

3.10.2. Appeals are considered by the Head of Intelligence, Tasking

Directorate (ITD).

3.10.3. Within 14 calendar days of receiving form AD123b the Head of ITD will either advise the individual that their appeal is upheld or invite the individual to an appeal meeting. The individual has the right to be accompanied by a colleague, or a Unison, Federation or staff association representative (see section 3.9.5).

3.10.4. The applicant must notify the Head of ITD if they will be

accompanied and by whom.

3.10.5. Within 14 calendar days of the appeal meeting (or decision if no meeting is needed) the Head of ITD will confirm whether the appeal is upheld or not upheld by completing section 2 of form AD123b and providing this to the individual. A copy must be stored on the individual’s electronic personnel file by RMT.

3.10.6. There is no further right of appeal and the grievance procedure

may not be used in these circumstances, where the grievance would relate solely to the decision.


3.11. Fairness and Equality Strategic Lead

3.11.1. If an individual feels a flexible working request has been

refused without full consideration and the compliance with grounds as stated in Appendix A, they should email the Fairness and Equality mailbox for review by the Strategic Lead for Fairness and Equality.

3.12. Flexitime (police staff only)

3.12.1. The flexitime scheme provides police staff, including part-time staff and those on Hampshire Management Grades, with the flexibility to arrange their own working time within their contracted hours, subject to the needs of the constabulary, local core times and in agreement with line managers.

3.13. Eligibility

3.13.1. With the exception of shift workers all police staff are eligible for flexitime.

3.13.2. Shift workers are not eligible for flexitime; this is due to the requirements of their shift patterns, which have been mapped to meet service demand. However, these staff may be able to have some flexibility by working extra shifts or hours, and taking time off in lieu (TOIL).

3.13.3. Part time staff will have a pro-rata entitlement to the benefits of this scheme.

3.14. Risk assessment - refer to point 2.2

3.15. Core time

3.15.1. Core time is defined as the busiest hours within the relevant department. This is different to operating hours. Hampshire Constabulary does not set core hours of work under the flexitime scheme. It will be for individual managers, in agreement with the Head of Department and in consultation with the staff involved, to implement local core hours to ensure effective service delivery and cover.


3.15.2. Managers are responsible for making staff aware of any local

arrangements and ensuring that an appropriate balance is struck between meeting the operational needs of the organisation and the needs of staff. The degree of flexibility available to staff is at the discretion of line managers.

3.16. Flexi hours

3.16.1. Hours can be worked between 0700 and 2200, seven days a week (where 7 days cover is the norm). Up to +37 (credit) or –14.8 (debit) hours may be accumulated and carried forward from one accounting period to the next. (Pro-rated for part time staff).

3.16.2. To ensure staff are not working excessively, particularly at

times of increased workload, managers must facilitate time off to reduce the balance where a member of staff’s flexitime account is approaching the 37 hours credit maximum.

3.16.3. Managers must ensure that staff take appropriate breaks.

Staff are required to take a break of no less than 30 minutes if their shift is of more than 6 hours, or 4 ½ hours if they are under 18. All breaks taken during work time must be recorded (for example, meal breaks, smoking breaks) as these are unpaid time.

3.17. Accounting Time

3.17.1. The accounting period runs from the 16th of one month to the 15th of the next. For calculation purposes a full day’s flexi-leave will count as 7.4 hours, and a half-day will count as 3.7 hours. Hours for staff who do not work a standard 7.4 hour day will be calculated on a pro-rata basis by the Resource Management team according to their normal daily working hours.

3.18. Flexi-Leave

3.18.1. All requests for flexi-leave of more than 2 hours must be approved by the line manager in advance. Operational requirements will determine whether the leave can be approved.

3.18.2. Time accrued can be taken in whole or half days. A maximum

of 13 flexi days (or half day equivalents) may be taken per annual leave year. A maximum of 4 flexi-days (or half day


equivalents) may be taken in any accounting period. There is no limit on the number of part days taken during that period.

3.18.3. On leaving the organisation, or when transferring to a new

department, staff must ensure that any credit or debit hours are reduced to zero. Managers must make every effort to facilitate this wherever possible. If, due to exceptional operational reasons this is not possible, staff will be paid for the flexitime they are owed, but this may not exceed the maximum number of flexi hours staff are able to accrue. Any debit hours will be deducted from final salary payment on leaving the organisation.

3.19. Recording hours

3.19.1. Start and finish times, together with meal and other breaks (see point 3.2.5b), must be recorded on CARM (Computer Aided Resource Management) on a daily basis.

3.19.2. It is the responsibility of line managers to monitor individuals’ recorded hours on CARM in accordance with this procedure and Working Time Regulations, and raise any issues with the individual as and when necessary.

3.19.3. In the exception, where a member of staff is not on CARM, staff must record their hours using a flexi sheet, which must be submitted to their line manager at the end of each accounting period.

3.20. Integrity

3.20.1. Any flexitime scheme relies on trust. Abuse of the scheme, for example, falsification of records, may result in disciplinary action being taken, which could include dismissal, in accordance with the Misconduct for Police Staff Procedure. In addition to disciplinary action, it may also result in the member of staff being removed from the scheme and having to work fixed hours.

3.21. Home Working

3.21.1. Hampshire Constabulary recognises the potential benefits of homeworking, both to the organisation and the individual and is committed to introducing flexibility whenever possible.

3.21.2. Risk assessment - refer to point 2.3


3.21.3. Homeworking objectives:

a. Where the job is most effectively performed from

home; b. To enable an officer or member of staff to

concentrate on a particular piece of work without distractions;

c. To address increasing demands on constabulary estate;

d. To reduce accommodation overheads, including demand for parking spaces;

e. To retain the services of officers and staff which might otherwise be lost;

f. To attract/retain applicants from a wider pool – for example, people with disabilities; people with care responsibilities;

g. To respond to officer or staff, and/or management need for flexibility;

h. To aid rehabilitation of an officer or member of staff who has been absent through sickness;

i. To provide a solution to a temporary problem whether personal or work related;

3.22. Types of Homeworking

3.22.1. Occasional homeworking: An officer or member of staff agrees with their line manager to work some hours at home on an ad hoc basis, for example, to undertake/complete a piece of work at home to minimise interruptions, or to be at home for a temporary need.

3.22.2. Partial homeworking: An officer or member of staff agrees

with their line manager that they may work some hours each week at home on a regular basis.

3.22.3. Majority homeworking: An officer or member of staff and

their manager agree that the majority (more than 50%) of the job may be carried out at home and the home becomes the main place of work.

3.22.4. Mobile working: The officer or member of staff travels to

various locations to do their job and uses their home as the work base.

3.23. Suitability

3.23.1. The manager and officer or staff member must assess and discuss the suitability of both the job and the individual for


homeworking before proceeding. (Refer to guidance for areas of consideration).

3.23.2. Separation of work and domestic responsibilities: Managers

must discuss with the officer or member of staff the importance of giving their work full attention during working periods. They must not, for example, care for children or a sick dependant at the same time as working, but could begin their working hours when another responsible person returns to the home.

3.24. Cost Benefit Analysis

3.24.1. The cost of installing and servicing IT equipment and remote communications is significant and must be approved by IT Services prior to any agreement being reached. (Refer to the Network Extensions intranet page)

3.24.2. Cost is a key factor in considering homeworking. Managers

must assess in detail the relative costs and benefits of the officer or member of staff working at home for all categories other than occasional homeworking. They must consult the officer or member of staff when carrying out this analysis as their input can often provide a new perspective. (Refer to guidance for areas of consideration).

3.24.3. The constabulary will bear the additional costs associated with

homeworking where the homeworking agreement benefits both the individual and the constabulary.

3.25. Homeworking Terms

3.25.1. Managers must discuss and agree homeworking terms with the officer or staff member, within the boundaries of this procedure. These terms will affect the employment contract. The HR Service Centre can advise if required.

3.25.2. Homeworkers are covered by the same terms, conditions and

constabulary policies as officers and staff employed at constabulary premises and have the same access to representation and support systems.

3.25.3. Homeworkers should have the same access to training and

development opportunities as other officers and staff and be subject to the PDR process. Homeworkers must agree to undertake any training or development considered essential for their role.


3.26. Hours of work and absence

3.26.1. The manager and homeworker must agree times when the homeworker will normally be working and able to be contacted. Hours actually worked must be recorded in the same way as for office based officers and staff.

3.26.2. The homeworker must inform the manager when they are

unable to work because of sickness so that it can be recorded in the normal way.

3.26.3. Normal arrangements also apply to absences for

appointments and to requests for annual leave/flexi leave.

3.27. Trial period

3.27.1. Where a request is approved, a trial homeworking period should be set up to ensure that the arrangement can work successfully for both management and the officer or member of staff. The trial should normally last for a minimum of 3 months. Should the manager refuse a trial, clear reasons must be given.

3.27.2. Managers should not normally refuse a trial simply on the

basis of the costs of setting up equipment. Where this is a concern, temporary arrangements, which can be removed should the trial not succeed, should be put into place.

3.28. Keeping In Touch/ Communication (Refer to guidance)

3.28.1. It is essential to maintain good communication links with the homeworker for the arrangement to work successfully for both parties. Sufficient supervision will be maintained, with regular personal contact, between the homeworker and line manager in order to develop an effective relationship as if the individual was based on site.

3.28.2. The homeworker will be expected to attend regular meetings,

including team meetings. The manager should arrange suitable times for the homeworker to visit the office to discuss work progress, training, PDR, accommodation, other practical issues and any problems. Such visits will be classed as working time, but travel to/from the meeting will not.

3.28.3. Homeworkers must allow constabulary employees access to

their home at agreed times for work-related purposes, including health and safety matters.


3.29. Security

3.29.1. All homeworkers must comply with 06102 Procedure - Force Homeworking Security.

3.29.2. Managers must discuss with the homeworker the level of

security risk attached to their duties and agree what steps they should take to protect confidentiality.

3.29.3. Homeworkers must not allow anyone who is not a member of

Hampshire Constabulary to use constabulary equipment or have access to constabulary information or documents.

3.29.4. Homeworkers are expected to provide reasonable security for

all Hampshire Constabulary property in transit or in their homes.

3.30. Third Party Notification/Insurance Issues

3.30.1. A third party is someone who has an interest in the property, for example, insurance company, mortgage lender.

3.30.2. Homeworking may contravene or invalidate any third party

agreements the homeworker has in place. Homeworkers must inform their home and contents insurance providers, mortgage lender or landlord, utilities companies and their local authority (potential Council Tax liability) of their homeworking agreement.

3.30.3. Homeworkers must accept these responsibilities and any

additional payment required, unless the homeworking is instigated by the constabulary, where the additional expenses incurred will be reimbursed, provided they are notified in the application.

3.30.4. Homeworkers should consult the Inland Revenue for advice

about possible tax implications of working at home.

3.31. Applications

3.31.1. Applications for homeworking may be discussed with the line manager, without the need for a formal process. If necessary, applications may be formally submitted for consideration using form AD123a as detailed under Flexible Working (see point 3.1).


3.31.2. In accordance with Procedure 06102 , if remote network

access is required, officers and staff must complete an AD198a to be authorised by their Head of Department in advance of any final Homeworking Agreement

3.31.3. Except for occasional homeworking, the manager and the

officer or staff member must sign a written Homeworking Agreement (AD124) before beginning the arrangement. A copy of this agreement will be filed on the officer or staff member’s Personnel file by the Integrated Business Centre.

3.32. Equipment, Supplies and Expenses

3.32.1. Managers must assess the furniture and equipment, and other costs needed by majority or mobile homeworkers to carry out the job satisfactorily, bearing in mind the findings of the display screen risk assessment and their own cost/benefit analysis.

3.32.2. Managers must seek advice on the insurance of constabulary

furniture and equipment from the Force Insurance Officer. Details of the value of the items and the location, construction and security of the home will be required from the applicant.

3.32.3. Stationery supplies will normally be allocated from central

stocks and collected by the homeworker during visits to the workplace.

3.32.4. If agreed by the line manager, Homeworkers should claim any additional expenses for business travel and incidental items, for example, postage, telephone calls, via the ResourceLink website address which can be accessed online from their home address.

3.32.5. All costs must be met from Area/departmental budgets.

3.33. Parental Leave (Refer to guidance)

3.33.1. Officers and staff with young or disabled children are entitled to take periods of unpaid parental leave.

3.34. Eligibility

3.34.1. Officers and staff are entitled to a maximum of 18 weeks' unpaid parental leave (in total, not per year) if:

a. they have at least one year's continuous service


b. they have a child under the age of five, a child who

is disabled and under the age of 18, or a child who

was adopted within the past five years and is under

the age of 18

c. they have - or expect to have - parental

responsibility for the child

Child Entitlement

For each child 18 weeks up to their 5th birthday

For each adopted child 18 weeks up to their 18th birthday or 5th anniversary of their adoption, whichever comes first

For each child who qualifies for Disability Living Allowance

18 weeks up to their 18th birthday

3.35. Entitlement

3.35.1. There is no restriction on the amount of parental leave that can be taken in a year. Parental leave can be taken as individual days, blocks of weeks, or a single block of 18 weeks.

3.35.2. Parental leave applies to each parent for each child. For

example, if twins are born, both parents could have 36 weeks’ leave each.

3.35.3. Parental leave taken with a previous employer is carried over to the constabulary and is counted in the total entitlement.

3.35.4. For entitlement to leave a ‘week’ equals the number of hours

officers or staff normally work in a week. For officers or staff who work irregular weeks, a week equals their average weekly hours as recorded on iTrent. Regardless of the average hours per week, the loss of pay will be calculated on the actual hours the officer or staff member would have worked during the period of parental leave.

3.36. Application

3.36.1. Applications for parental leave must be made in writing to the line manager using form AD159 at least 21 days before the planned parental leave is to start.

3.36.2. Where officers and staff are applying for an individual day it

may not be possible to give notice of the application and it will be for the manager to exercise discretion in such cases.


3.36.3. With the first request for parental leave, officers and staff should also submit proof of entitlement, for example, copy of the child’s birth certificate / adoption certificate, legal proof of guardianship and if applicable details of the child’s entitlement to disability living allowance.

3.36.4. All requests should state the remaining entitlement and the

exact dates to be taken, except for prospective fathers or adoptive parents who wish to take parental leave straight after the birth or adoption. In these cases officers and staff should indicate the expected week of childbirth or expected date of placement.

3.37. Responding To Parental Leave Applications

3.37.1. Line managers should respond promptly to applications. They are responsible for checking entitlement and ensuring notice periods are observed. Where appropriate line managers may wish to consult with their senior manager/s before agreeing a request.

3.37.2. The constabulary can postpone parental leave for up to six

months where operational service would be particularly disrupted if the leave were taken at the time requested. For example, where a significant proportion of the workforce would be absent at the same time; where the role is such that the absence at a particular time would unduly harm the constabulary.

3.37.3. Postponement cannot take place in cases where the officer or

member of staff has given notice to take the leave immediately after the child is born or placed with the family for adoption. Or, if the postponement means the officer or member of staff would no longer qualify for parental leave, for example, postponing it until after the child’s 5th birthday.

3.37.4. When postponing parental leave, the manager must discuss

the decision verbally with the officer or member of staff, and confirm it in writing as soon as possible, but no later than 7 days after the request was made to take the leave. Managers are advised to discuss their reasons for postponement with the Employee Relations team before speaking to the officer or member of staff.


3.38. During Parental Leave

3.38.1. Whilst on parental leave officers and staff remain in the service of the constabulary and bound by policies and procedures. Welfare facilities and other support services remain available to them throughout the leave period.

3.38.2. Annual leave will continue to accrue during the leave period.

3.38.3. Officers and staff will need to make arrangements with their

supervisors for return of constabulary property during the leave period as for any other kind of leave.

3.39. Returning To Work

3.39.1. At the end of the parental leave, the officer or member of staff will return to the same job / posting.

3.39.2. When parental leave immediately follows maternity or adoption

leave the return to work provisions are exactly the same as those applying at the end of maternity leave. See 33002 Procedure – Maternity, Adoption and Maternity/Adoption Support Leave.

3.39.3. On return, officers and staff are entitled to benefit from any pay increase awarded during the parental leave, although the actual parental leave period is not counted for the purposes of pension rights. Officers and staff have the opportunity to pay back the pension contributions (both employer's and employee's elements) for the period when no contributions were made. In such cases Payroll must be notified in writing within, 30 days (staff), 3 months (officers), of the leave period ending. The re-payment can be achieved through regular deductions from salary for up to six months which Payroll will arrange.

4. Roles and Responsibilities

4.1. As described in this procedure.


5. Administration

5.1. As described in this procedure.

6. Monitoring and Evaluation

6.1. HR Operations is responsible for ensuring that this procedure, and its’ effectiveness, is monitored

7. Review

7.1. This procedure will be reviewed annually to ensure its effectiveness.

8. Other Related Procedures, Policies and Information Source

8.1. Appendices

Appendix A - Reasons to refuse flexible working

8.2. Guidance

8.2.1. Officers and staff, applying for flexible working

8.2.2. How to manage requests for flexible working checklist

8.2.3. Eight point manager’s guide to flexible working

8.2.4. Benefits of flexible working

8.2.5. Types of flexible working

8.2.6. Suitability for homeworking

8.2.7. Home working - Cost benefit analysis

8.2.8. Home working - Keeping in touch

8.2.9. Parental responsibility

8.3. Related Procedures

8.3.1. 33002 Procedure – Maternity, Adoption and Maternity/Adoption Support Leave


8.3.2. 33016 Procedure - Miscellaneous Leave

8.3.3. 21338 Procedure - Health & Safety Working Time Procedure For Police Officers And Police Staff

8.3.4. 21302 Procedure – Smoking

8.3.5. 06102 Procedure - Force Homeworking Security

8.3.6. 33004 Procedure - Misconduct for Police Staff

8.4. Related Policies

8.4.1. 33000 Policy – Human Resource Management

8.4.2. 21300 Policy - Health and Safety

8.4.3. 06100 Policy – Information Security

8.5. Information Sources

8.5.1. Health and Safety guidance

8.5.2. Working Time Regulations

8.5.3. Display Screen Equipment Assessment

8.5.4. Guidance and instructions for information security

8.5.5. Lone working guidance

8.5.6. AD203 – Equality Impact Assessment Origin: Human Resources


Appendix A

Refusing Flexible Working

The Employment Rights Act 1996 specifies that a manager, to whom an application is made, can only refuse the application because it is considered that one or more of the following grounds apply.

The burden of additional costs.

Detrimental effect on ability to meet Force / service demands.

Inability to reorganise work amongst existing staff.

Inability to recruit extra staff.

Detrimental impact on quality or performance.

Insufficiency of work during periods the employee proposes to work.

Planned structural changes. The decision maker (the LM or RMT) must state which of the above reasons apply to the application and give an accurate and clear explanation as to why the business grounds apply. This will differ depending on each individual case. The decision maker must explain, in terms that are relevant, why the requested working pattern cannot be agreed as a result of the business ground(s) applying in circumstances. The line manager and RMT may consider agreeing to a pattern of flexible working for a limited and pre-determined trial period so that the impact on the organisation can be reviewed. In these circumstances the line manager and RMT must justify their decision to agree to flexible working only for a temporary period.

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